Here is a question to the blog clinic from Paul, who is a tenant
We have damp causing ill health can we claim compensation on a no win no fee we have doctors confirmation and landlord has ignored verbal and email notification.
You may be able to. However a fundamental thing to consider first is the cause of the damp. If the damp is due to something which is not legally the fault of the landlord, then he cannot be held responsible for the ill heath, however bad it is.
Not all damp problems are actionable
For example sometimes damp problems can be caused by the tenants themselves due to the way that they are using the property – such as not heating it properly and/or drying clothes indoors (see here for more problems with damp).
Sometimes also the damp may be due to structural issues with the property itself. Again this may mean that your claim cannot succeed.
So the first thing to do is to get a surveyor’s report to find out the cause of the damp.
Finding a personal injury solicitor
If you are able to find a personal injury solicitor who will act under a no win no fee agreement, you may be able to get a surveyor’s report done as part of the work for your claim. The cost of this would probably be covered by the insurance which goes with the no win no fee agreement.
It is best to look for a local solicitor who does no win no fee personal injury work, rather than one of those companies that advertise on the telly – often they will allocate you a solicitor miles away in another town (and the solicitors will have to pay them a hefty referral fee).
Have a look in your Yellow Pages or do a local search in Google for a no win no fee personal injury solicitor in your town. Or follow the link from the banner below.
I would add to this (Being a council enforcement officer) that councils can serve abatement notices on a landlord under the Environmental Protection Act 1990 as being ‘Prejudicial to health’ on the basis that the codition of the premises is ‘Likely’ to cause injury to health. Note that it doesnt have to be proven beyond all doubt.
Get an EHO in to do a report
First thing to determine is whether it is damp or condensation.
In 20+ years in lettings I have never, ever knoiwn a case of damp in modern building unless the dpc fails it is extremely rare. When I say modern I mean anything built post 1945 (except prefabs!!)
Talk of surveyors is very OTT
Meant to add the other thing always to insist on as soon as any tenant starts talking medical intervention and illness is medical evidence. Again in 20+ years I have never known a single case where the complaint/claim got beyond that stage – called proof I think?!!